Dissertations / Theses: 'Hate speech Freedom of speech'

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Szigeti, Tamas. "The right to political speech and the ban on hate speech." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:7425f8b6-27f4-46c0-bd14-bc370e9533de.

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This thesis contributes to the debate on hate speech by arguing for a compromise solution. It breaks with the absolutist solutions under which either all hate speech should be banned or all should be protected. The prohibition of some hateful expressions is assumed to be legitimate. This follows the European constitutional tradition. However, the prohibitionist norm should be reconciled with the right to political speech. This flows from the normative importance of free political expression that is widely endorsed. The research relies on three theoretical pillars. First, it defines the strongest democratic justificatory case for political speech in liberal democracies. Then, it argues for a richer understanding of what should count as political speech. The proposed approach assigns more weight to the political circumstances than to the sheer content of speech. The argument then proceeds through investigating the strongest objections against protecting hate speech. These prohibitionist arguments assert that hate speech incites against, silences or vilifies vulnerable groups, moreover that hate speech harms democracy. The thesis disputes these objections as applied to political hate speech. The conclusion is that political hate speech narrowly defined should be an exception from the otherwise legitimate ban on hate speech. In the final two chapters, the theoretical findings are applied to the case law of the ECtHR and to the United Kingdom's statutory hate speech regulation. The critical evaluation of hate speech judgments and statutes is coupled with suggestions how to reform the broadly prohibitionist position that these jurisdictions had come to endorse.

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Whalen-Cohen, Helen. "Injury and iterability can hate speech be legislated? /." Diss., Connect to the thesis, 2008. http://hdl.handle.net/10066/1421.

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Dickinson, Sandra J. "Campus hate speech regulation can survive strict judicial scrutiny because campus hate speech impairs equal educational opportunity." Connect to resource, 1996. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1241181028.

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Botha, Joanna Catherine. "Hate speech as a limitation to freedom of expression." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/9054.

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Hate speech in South Africa creates a tension between the right to freedom of expression and the rights to human dignity and equality. The challenge is to achieve a balance between these competing rights in the context of the divisive past and the transformative constitutional ideal, in which reconciliation and respect for group difference are promoted. Freedom of expression, an individual right, must be construed in light of its underlying values, but regard must also be given to communitarian interests. The constitutional standard draws the initial line. The advocacy of hatred on four grounds and which constitutes incitement to cause harm is not constitutionally protected speech. Such speech undermines nation building, causes acrimony, and is not tolerated in the egalitarian society envisaged by the Constitution. The thesis formulates a principled legislative hate speech framework for South Africa at both human rights and criminal levels within the parameters of the constitutional mandate, as guided by the standard for hate speech restrictions in international law, and the Canadian regulatory model. An essential premise is that regulation requires a multi-faceted balancing enquiry. A holistic approach is proposed where factors such as respect for the dignity of the victims, autonomy for speakers, listeners and the wider community; the causal link between hate speech and hatred in a community; and the desire to achieve a diverse and harmonious society; amongst others, are considered. Failure to regulate hate speech constructively endorses hatemongers and promotes damaging speech at the expense of vulnerable groups. Regulation ensures that law sets the normative benchmark, affirms the protection of vulnerable groups within the social fabric and upholds social cohesion, inclusiveness and the equal citizenship of all individuals in society. The thesis contains a proposal for the enactment of legislation creating a self-standing hate speech crime for the advocacy of extreme hatred, shaped in accordance with international requirements and comparative foreign law, and structured in light of the distinction between hate crime and hate speech. The existing legal framework is unable to provide consistent and fitting redress for the severe harm caused by such speech, namely the fostering of an environment in which the stigmatisation of groups is promoted, their exclusion from society justified and intervention is needed to remedy the escalated levels of hatred and violence between different groups in society. PEPUDA, a remedial statute aimed at promoting transformation and substantive equality, is valuable, but its speech prohibitions are broad and imprecise. Consequently, their effectiveness is compromised and their constitutionality questioned. The thesis proposes recommendations for amendments to sections 7(a), 10(1) and 12 of PEPUDA. The aim is to ensure compliance with the international standard and to foster the optimal regulation of hate speech and other forms of damaging speech, including derogatory racial epithets, which undermine human dignity and equality and threaten national unity. It is intended for the two systems to complement one another and to create a legal framework aimed at addressing hate speech constructively and in context, promoting tolerance, respect for difference, reconciliation and transformation.

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Vinberg, Aline. "Yttrandefrihet- till vilket pris som helst? : En studie om yttrandefrihet och dess gränsdragning." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-306915.

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The aim of this study is to research freedom of expression and its content and value. The focus has been to find answers to where freedom of expression has its limits, if it has any. This study has three aims: to research what freedom of expression means; to research the arguments for it; and to research if there are any limits to freedom of expression. Due to the aim of understanding the limits for freedom of expression, two questions regarding whether freedom of expression shall be restricted by prohibiting racist organisations and hate speech are being answered. Political philosophers Ronald Dworkin, Elena Namli, Thomas Scanlon, and Jeremy Waldron’s theories on the limits of freedom of expression are analyzed through the eyes of the theorists John Stuart Mill and Isaiah Berlin. My conclusion from the research is that freedom of expression should not be limited by forbidding racist organisations, but instead that it shall be limited by prohibiting hate speech.

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Power, Febres C. "Liberalism, feminism and republicanism on freedom of speech : the cases of pornography and racist hate speech." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1324554/.

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The central issue tackled in this thesis is whether there is room for legitimate restrictions upon pornography and extreme right political organisations' racist hate speech; whether such restrictions can be made without breaching generally accepted liberal rights and within a democratic context. Both these forms of speech, identified as 'hard cases' in the literature, are presented as problems that political theorists should be concerned with. This concern stems from the increase in these forms of speech but also due to their mainstreaming in society. In this thesis the republican conception of freedom as non-domination is explored as a more suitable account than the liberal one of freedom as non-interference, when dealing with these two forms of speech. In addition, the neo-Roman republican view is aligned with anti-pornography radical feminism. This alignment aids in releasing the feminist position from a liberal framework; thereby reducing the burden of proof relating to harms derived from pornography that this position has been subjected to. Liberalism's view of freedom of speech as a pre-political right leaves very limited room for restrictions to be made upon speech. The republican view of freedom as non-domination, meanwhile, means that restrictions need not be viewed as a breach of the right of freedom of speech. In addition, liberals argue that the most these forms of speech can cause is offence. By taking republican ideas of equality and respect for the democratic citizen, and anti-pornography radical feminist accounts of performative speech acts and grievances to individuals as part of a group, it is shown that not only can these forms of speech do more than offend, they can, in fact, dominate, in instances of individuals feeling subordinate. The theoretical work is illustrated through looking at two real world cases, Spain. a liberal state, and Finland, a republican state.

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Janse, van Rensburg Leanne. "The violence of language : contemporary hate speech and the suitability of legal measures regulating hate speech in South Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1001866.

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This thesis unites law and social science so as to give a comprehensive account of the phenomenon of racial hate speech in South Africa as an obstacle to transformation. Hate speech is presented as a form of violent language and an affront to the constitutional rights of freedom of speech, equality and dignity. To establish the nature of hate speech, the fluid quality of language is explored so as to show how language can be manipulated, on the one hand, as a means to harm, and employed, on the other hand, as a tool to heal and reconcile. This double gesture is illustrated through the South African linguistic experience of past hate and segregation and the current transformation agenda. It is through this prism that hate speech regulation is discussed as an uneasy fit in a country where freedom of expression is constitutionally protected and where language plays an important role in bringing about reconciliation, and yet words are still being employed to divide and dehumanise. This reality necessitates a clearly articulated stance on the regulation of language. The thesis accordingly interrogates the current legal standards in relation to hate speech with reference to international law that binds South Africa and the constitutional standard set for the regulation of language and the prohibition of hate speech. Thereafter, the current and proposed legislative prohibitions on hate speech, the residual common law provisions governing expression and the regulation of language in the media are outlined and analysed. These legal frameworks are explored in terms of their content and their application in various fora so as to ascertain what the South African approach to hate speech prohibition is, whether it is consistent and, ultimately if it is indeed suitable to the South African experience and the realities of language. This thesis concludes that contemporary hate speech measures lack a coherent understanding of what hate speech entails and a general inconsistency in approach as well as application is found in the treatment of hate speech complaints in South Africa. This is explained through the fallibility of language as a medium to regulate expression and solutions are offered to not only taper current and proposed hate speech provisions but to also consider alternative forms of resolving hate speech complaints

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Jones, Christopher David. "Rocks Can Turn to Sand and be Washed Away but Words Last Forever: A Policy Recommendation for New Zealand's Vilification Legislation." The University of Waikato, 2007. http://hdl.handle.net/10289/2350.

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Free speech and free expression are values that are highly prized in western society. The mention of removing or altering that right creates great debate. In 2004 a Select Committee was set up to inquire into what New Zealand's stance on Hate Speech should be. The submissions to that committee made it clear that free expression was a highly held right in New Zealand. While the submitters were overwhelming opposed to any legislation, it was clear that many had no understanding of what hate speech was, and why people would want to restrict it. The select Committee needed to provide the public with more information about what was intended and what the international situation is. If nothing else this thesis should provide that comprehensive background information to ground any further debate. This thesis makes a policy recommendation for the New Zealand Government. The policy that is examined and contrasted with international experiences is that of hate speech legislation. What should New Zealand do in regards to hate speech? The general debate is examined and the free expression versus legislation debate is analysed to provide a comprehensive background to the topic. The reasons why free expression is important to society and democracy are examined. Alongside free expression, the harms of hate speech are also analysed in order to demonstrate what harm occurs and if such harms should be legislated against. The international situation is contrasted with the New Zealand experience. The legislation of the United States, Canada and Australia, is analysed in order to compare and contrast with New Zealand's legislation. These three countries are closely aligned with New Zealand in terms of language, politics and culture. These countries provide equivalent characteristics and are therefore the most useful for comparison. The United States is especially important as it has no hate speech legislation and provides a valuable baseline from which the effects of legislation can be compared against. The New Zealand situation is then examined to point out its strengths and weaknesses. Where there are weaknesses this thesis recommends changes that could be made in varying political circumstances. Hate speech and free speech issues are not largely discussed in New Zealand literature and scholarly work. This thesis follows some work that has been previously done on the topic in New Zealand. The bulk of the work written about hate speech and free speech issues has been completed internationally and needs to be adjusted to fit the New Zealand situation. This recommendation has gone some way to doing that. An area of particular interest in this paper is the categories of people that deserve protection. Historically just 'race' has been provided protection from hate speech in New Zealand and this thesis examines why. Central to this investigation is why other categories are not protected.

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Wang, Qinqin. "The Understanding of Absolute Right to Freedom of Expression in the Case of Hate Speech." Scholar Commons, 2018. http://scholarcommons.usf.edu/etd/7240.

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The purpose of this paper is to explore whether there is an absolute right to freedom of expression with regard to hate speech, and more specifically, whether tolerance should be exercised toward speech even in circumstances where this speech presents a clear and present danger to the public. The author will use legal research methods to analyze this question. The paper will delve into four major Supreme Court cases in the case of hate speech, as well as the decision by the Virginia Court that allowed the rally in Charlottesville which ended with the death of 32-year old woman. The aim is to determine how the Supreme Court has looked at hateful expression over the years and the status of hate speech in America today. The four major cases are Brandenburg v. Ohio (1969), National Socialist Party of America v. Village of Skokie (1977), R.A.V v. City of St. Paul (1992), and Virginia v. Black (2003). Although the case of Kessler v. Charlottesville (2017) is not a Supreme Court case, its significance in relation to the right to freedom of expression is no less than those precedent four cases. This incident and related legal cases bring the concerns about hate speech and the constitutional right to freedom of expression directly into the public discourse.

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Wotoch, Beata. "Hate Speech – Freedom of Expression orDiscrimination? : Views of the Japanese University Students and theGovernmental Stance." Thesis, Stockholms universitet, Avdelningen för japanska, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-131875.

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Demaske, Chris. "A feminist interpretation of the First Amendment : reconceptualizing freedom, liberty and equality /." view abstract or download file of text, 2002. http://wwwlib.umi.com/cr/uoregon/fullcit?p3055684.

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Thesis (Ph. D.)--University of Oregon, 2002.
Typescript. Includes vita and abstract. Includes bibliographical references (leaves 266-277). Also available for download via the World Wide Web; free to University of Oregon users.

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Bergdahl, Becky. "Yo ban? Rape rap and limits of free speech in India : An argument analysis of the debate about banning the artist Honey Singh." Thesis, Uppsala universitet, Teologiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-200874.

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This thesis consists of an argument analysis of three columns published in the Indian newspaper The Indian Express in the aftermath of the gangrape and murder of a young woman in Delhi in December 2012, and the following debate about glorification of rape in Indian popular culture. One of the columnists is arguing in favour of including gender as a category in the Indian law on hate speech, thereby banning an artist called Honey Singh and his lyrics about rape. The two other columnists are arguing against new restrictions on free speech in India. The analysis of the columns shows that there are several relevant arguments for and against including gender in the Indian hate speech legislation. The argumentation against a new law is similar to argumentation found in Western liberal theory, and the argumentation in favour of a new law is similar to argumentation found in Western radical feminist and critical race theory. However, both strands of philosophy are contested by postcolonial theorists, arguing that no Western theory is applicable in a non-Western context, such as India. Indian postcolonial feminists argue in favour of a third approach to sexist speech in India; a counter-speech approach. Counter-speech theorists agree with liberals about the importance of freedom of speech, and with feminists about the harm in hate speech. According to counter-speech theory, hate speech shall thus not be outlawed, but the state shall try to counter the harmful effects of hate speech, for example by strengthening groups targeted by hate speech so that they can speak back to hatemongers. The conclusion of this thesis is that a counter-speech approach is the most sustainable regarding freedom of speech and gender in India. Such an approach does not only appeal to Indian postcolonial theorists, it is also a middle way in-between a liberal and a radical feminist approach. In the conclusion, the relevance of hate speech legislation as a whole is also questioned. Laws such as in India, that protect only racial and religious groups from being targeted by hate speech while categories such as gender, sexual orientation and disability are not included, can be deemed discriminatory. An abolishment of hate speech prohibitions and an adoption of a counter-speech approach to all forms of hate speech is discussed.

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Prevost, Marion. "L'extrémisme dans une société démocratique : étude de droit français et européen." Thesis, Université Grenoble Alpes (ComUE), 2016. http://www.theses.fr/2016GREAA010.

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« On ne pense bien qu’aux extrêmes » disait Louis Althusser. Pourtant, loin d’évoquer la réflexion, la notion d’extrême semble davantage s’incarner aujourd’hui dans des menaces diverses. Al-Qaïda, Daech, Boko Haram, mais également extrême-gauche, extrême-droite, hooliganisme, Black Blocs etc. L’omniprésence du danger extrémiste tel qu’il est présenté par le discours médiatique et politique ne rend pas pour autant saisissable la notion. Largement oubliée par les textes législatifs et réglementaires, absente de la doctrine juridique et peu développée par la jurisprudence, la notion d’extrémisme n’est pourtant pas ignorée par le droit. Appréhendé ponctuellement, pour ne pas dire émotionnellement, par un ensemble de textes épars, l’extrémisme ne fait l’objet d’aucune approche générique en droit français. L’objet de ce travail de recherche n’est pas simplement de présenter les diverses manifestations de l’extrémisme telles qu’identifiées par le droit, mais de vérifier, par une approche globale rarement retenue, le postulat selon lequel, à l’instar des approches sociologique ou politique, le discours juridique appréhende l’extrémisme comme une remise en cause de l’ordre démocratique. Or, la sauvegarde de cet ordre démocratique, au fondement de tout l’ordonnancement juridique des démocraties libérales, apparaît ambivalente et paradoxale. Si l’État de droit est l’un des vecteurs fondamentaux de l’ordre démocratique, celui-ci ne devrait pas connaître de limitation juridique. Pourtant, confronté à sa remise en cause, l’État démocratique se doit d’organiser sa défense. Dès lors, pour lutter contre les divers extrémismes qui contestent leurs principes ontologiques, les démocraties vont être conduites à limiter l’exercice de droits qui forment pourtant leur socle, plaçant cette lutte au cœur d’un véritable paradoxe démocratique
« We think best in the extreme » said Louis Althusser. However, the notion of the extreme seems more than ever to evoke various menaces in today's world. Al-Qaïda, Daech, Boko Haram, but also far left, far right winged politics, hooliganism, Black Blocs etc. The omnipresent danger of extremism as it is presented in the media and in politics has kept us away from its true meaning. Heavily forgotten by laws and regulations, absent from legal doctrine, and seldomly brought up in jurisprudence, the notion of extremism is however not ignored in Law. Apprehended occasionally, even emotionally, by a variety of texts, extremism is not considered in a global manner in French law. Within a global approach, this study presents the various manifestations of the extremism in order to verify if the legal discourse, like sociological and political approaches, apprehends extremism as a questioning of the democratic order. However, the safeguarding of this democratic order, the foundation of the whole legal system of liberal democracies, appears ambivalent and paradoxical. If the Rule of law is one of the fundamental vectors of democratic order, it mustn’t know any juridical limitations. However, confronted to its questioning, democratic State must organize its defense. Thus, to fight against the various extremisms which contest their ontological principals, democracies will be led to reduce the exercise of rights which constitute their base, placing this struggle in the center of a considerable democratic paradox

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伸次, 桧垣, and Shinji Higaki. "ヘイト・スピーチ規制に関する憲法学的考察 : 表現の自由を巡る現代的課題." Thesis, https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB12972124/?lang=0, 2015. https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB12972124/?lang=0.

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Persson, Daniel. "Yttrandefrihetens dilemma : en idécentrerad studie om yttrandefrihetens roll och begränsningar." Thesis, University of Gävle, Ämnesavdelningen för filmvetenskap, historia, litteraturvetenskap, medie- och kommunikationsvetenskap och statsvetenskap, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-4591.

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This paper concerns the freedom of speech in our democracy and the principles underlying the restrictions. The study is aimed at using a descriptive theory to provide a useful basis for analyzing a justification of the role behind freedom of speech and its limitations. The analysis is made on the basis of the Swedish parliament debate in the form of motions and the non-governmental organization Swedish Helsinki Committee's report. The study has a focus on the law of hate speech and will be done with an idea centred analysis. On the basis of democratic theory, the central role of freedom of speech was clarified on the basis of a clear need for a reliable communication. An absence of this process could disrupt the democratic order. The theoretical function of restrictions is to maintain that reliable communication process where, for example, special circumstances, threats of violence and certain types of information were seen as examples of situations where the process could be in danger.

The empirical result was largely in line with the theoretical conclusions. The ability to argue and keep open debates was seen as important building blocks in a democratic society and therefore implies the benefits of a reliable communication process. Justification for the restrictions was made with regard to harmful information, threatening circumstances and xenophobic organizations, who were examples of counter-productive expressions to the democratic order. However, the study showed that parliamentary motions and the Swedish Helsinki Committee often focused their justifications on different fundamental views which partly could be explained by the concepts of positive and negative freedom and the perception of minority rights. The findings indicated that the issue of restrictions on freedom of speech is extremely complex because of the varied opinions in the drafting of the law of hate speech. The dilemma of freedom of expression can therefore be seen as relevant up to this day.

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ANDRADE, José Rogério de Pinho. "O exercício da tolerância frente ao discurso do ódio: uma análise da práxis judicial do STF no caso Ellwanger a partir da concepção de Justiça de John Rawls." Universidade Federal do Maranhão, 2017. https://tedebc.ufma.br/jspui/handle/tede/tede/1983.

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This is a study about the exercise of tolerance against the speech of hate based on John Rawls‟ theory of justice. The paper aims to analyze the Federal Supreme Court decision in the Ellwanger Case under the comprehension of John Rawls‟ political philosophy. For this purpose, freedom of expression, tolerance and the speech of hatred are analyzed. Freedom of expression is discussed as a fundamental right distinguishing it from freedom of thought and information. We describe the idea of tolerance in modern society by identifying its philosophical foundation from the conceptions developed by the modern philosophers John Locke, Voltaire, John Stuart Mill, Noerberto Bobbio e John Rawls. The hate speech is conceptualized and contextualized. The conception of liberty and tolerance according to John Rawls is presented. We discuss freedom of expression, tolerance and hate speech under a legal perspective in both national and interamerican legal systems. Hate speech in Brazil is analyzed under the STF judgment of the Ellwanger case.
Estudo do exercício da tolerância frente ao discurso do ódio com fundamentos na teoria da justiça de John Rawls. O trabalho objetiva analisar a decisão do Supremo Tribunal Federal no Caso Ellwanger sob a compreensão da filosofia política de John Rawls. Para tanto, analisa-se a liberdade de expressão, a tolerância e o discurso do ódio. Descreve-se a ideia de tolerância na sociedade moderna identificando sua fundamentação filosófica a partir das concepções desenvolvidas pelos filósofos modernos John Locke, Voltaire, John Stuart Mill, Norberto Bobbio e John Rawls. Descreve-se a ideia de tolerância na sociedade moderna identificando sua fundamentação filosófica. Conceitua-se e contextualiza-se o discurso do ódio. Apresenta-se a concepção de liberdade e tolerância em John Rawls. Debate-se a liberdade de expressão, a tolerância e o discurso do ódio na perspectiva jurídica no sistema nacional e interamericano de direito. Analisa-se o discurso do ódio no Brasil sob o julgado do STF do caso Ellwanger.

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Barros, Caroline Maria Costa. "A interpretação e aplicação de aspectos morais no direito fundamental à liberdade de expressão : uma análise crítica da posição do Supremo Tribunal Federal no caso Ellwanger." Universidade Federal de Alagoas, 2015. http://www.repositorio.ufal.br/handle/riufal/1284.

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It is growing the support to the theory that considers the necessary connection among Right and Moral, particularly when we spoke about the Fundamental Human Rights - while an ideal to be reached by all the people and for all the nations. The existence of other values is discussed for the validity of the juridical system, referring to the doubts up to where it can the moral precepts to influence of the juridical system. The present work search to study the existent dialogue between the moral norms and the juridical norms, besides the use of the moral precepts as instrument for limitation of the fundamental right to the freedom of expression, with relationship to the popularization of the speech of the hate. The systems juridical North American and German present very different solutions for cases in what the ideas racists' manifestation, prejudices and hostile to certain groups, due to race, color, religion, sex, etc. Though, as the Brazilian treatment is revealed for such a such delicate subject in a concrete way? In fact, it is making the analysis of the judgment of HC nº 82.424- 2/RS in the Supreme Federal Tribunal that she intend to verify the ministers they are used of moral arguments to limit the right to the freedom of expression and if such restrictions are legitimate, after all, if on a side we have the protection to the human dignity, not being " morally acceptable " the hostile speech and prejudice against groups of minorities, as it happened with the Jewish community, on another side, we would also have the freedom of manifesting opinions and of possessing certain ideology. In that sense, is a conciliation possible? It is in the investigation of the philosophical currents, doctrines, in the compared right and in the votes of the ministers of the Supreme Federal Tribunal that it'll look for to clear the treatment of the referred constitutional rights.
É crescente o apoio à teoria que considera a ligação necessária entre Direito e Moral, particularmente quando falamos dos Direitos Humanos Fundamentais – enquanto um ideal a ser atingido por todos os povos e por todas as nações. Discute-se a existência de valores suprapositivos necessários para a validade do ordenamento jurídico, rementendo aos questionamentos até onde pode os preceitos morais influir do ordenamento jurídico. O presente trabalho busca estudar o diálogo existente entre as normas morais e as normas jurídicas, além da utilização dos ditames morais como instrumento para limitação do direito fundamental à liberdade de expressão, quanto à divulgação do discurso do ódio. Os sistemas jurídicos norte-americano e alemão apresentam soluções muito diferentes para casos em que se discute a manifestação de ideias racistas, discriminatórias e hostis a determinados grupos, por conta de raça, cor, religião, sexo, etc. Todavia, como se revela o tratamento brasileiro para tal assunto tão delicado de modo concreto? De fato, é fazendo a análise do julgamento do HC nº 82.424-2/RS no Supremo Tribunal Federal que se pretende verificar se os ministros se utilizam de argumentos morais para limitar o direito à liberdade de expressão e se tais restrições são legítimas, afinal, se de um lado temos a proteção à dignidade humana, não sendo “moralmente aceitável” o discurso hostil e preconceituoso contra grupos de minorias, como ocorreu com a comunidade judaica, de outro lado, também teríamos a liberdade de manifestar opiniões e de possuir certa ideologia. Nesse sentido, é possível uma conciliação? É na investigação das correntes filosóficas, doutrinárias, no direito comparado e nos votos dos ministros do Supremo Tribunal Federal que se buscará esclarecer o tratamento dos referidos direitos constitucionais. .

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Pollard, Donald Kent. "Purification Rhetoric: A Generic Analysis of Draft Card, Flag, and Cross Burning Cases." Thesis, University of North Texas, 1995. https://digital.library.unt.edu/ark:/67531/metadc277949/.

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This thesis assesses three United States Supreme Court opinions, engaging in an inductive approach to generic criticism, in an attempt to discover whether or not there are similarities and/or differences in these decisions. This study focuses on draft card, flag, and cross burning cases argued before the Court in order to discover the potential genre's characteristics.

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Laitenberger, Angelika. "Die Strafbarkeit der Verbreitung rassistischer, rechtsextremistischer und neonazistischer Inhalte : unter besonderer Berücksichtigung der Verbreitung über Netzwerke ; ein Rechtsvergleich /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/35944654X.pdf.

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Sahindal, Boran, and Sam Hamra. "Detecting hate speech on Twitter." Thesis, KTH, Skolan för datavetenskap och kommunikation (CSC), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-208703.

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Hate speech and cyberbullying on social media platform Twitter is a grow-ing issue, and to combat this they turn to machine learning and computerscience. This study will investigate and compare different configurationsfor the naive Bayes classifier when classifying hate speech on Twitter. Wehave achieved a data set of nearly 13000 tweets, some containing hatespeech, and trained and tested our classifier with different configurations.The study shows that character level n-grams outperform word level n-grams, and the optimal size n-gram for character level is using combina-tions between 1-3.
Hatspråk och mobbning på Twitter är ett ökande problem, och för att bekämpa det har man vänt sig mot maskininlärning och datavetenskap. Denna studie undersöker och jämför olika konfigurationer för en naiv Bayesiansk klassificerare för att klassificera hatspråk på Twitter. Vi har samlat nästan 13000 tweets som vi tränar och testar våran klassifierare på. Studien visar att n-grams på karaktärsnivå presterar bättre än n-grams på ordnivå, och den optimala storleken på n-gram för karaktärsnivå är kombinationer mellan 1-3.

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21

Lewis, Myles. ""You're Not Like Other" Hate Speech." Case Western Reserve University School of Graduate Studies / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=case1377781968.

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22

Simpson, Robert Mark. "Harm and responsibility in hate speech." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:78fb1c0b-b93b-416c-906e-34ea73e0954b.

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The legal restriction of hate speech – i.e. speech that expresses contempt for people on the basis of their ethnicity, religion, or sexuality – is now commonplace in liberal legal systems outside the United States. This thesis takes up the question of whether restrictions on hate speech are generally justifiable. I begin by explaining why liberals should not dismiss anti-hate speech law from the outset as an intolerable violation of free speech. My analysis of the case for anti-hate speech law is thereafter framed by two main concerns. Firstly, I stress that if we are to impose legal restrictions on hate speech, we must establish not just that there are harmful outcomes associated with hate speech, but that those who engage in hate speech are responsible for those outcomes. Secondly, I argue that restrictions on hate speech should be assessed in two distinct classes. Inquiries into the justificatory bases of anti-hate speech law are typically conducted as if informative generalisations can be made about how the law should respond to anything that is properly called hate speech. Against this approach, I argue that while the liberal state can and should impose restrictions on directly harmful hate speech (in which hate speech is used to threaten, harass, and incite violence), restrictions on indirectly harmful hate speech – in which hate speech (allegedly) contributes to identity-based social hierarchies and their concomitant harms – are not justifiable. The problem with restrictions on indirectly harmful hate speech is not the structure of the liability-ascription framework under which they operate. Rather, I argue, the problem is epistemic: we cannot confidently judge that hate-speakers are in fact responsible for contributing, more than trivially, to the harmful patterns of identity-based inequality and disadvantage in light of which restrictions on indirectly harmful hate speech may be defended in principle.

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23

Fäldt, Tove. "Expressing hate : How overt and covert hate speech operates online." Thesis, Uppsala universitet, Filosofiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-446001.

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This thesis highlights the complex ways in which hate speech operates online, which ties into more general debates on online hate speech as something special. One way of elucidating this complexity is by dividing online hate speech into overt and covert. In doing so, we can gain a better understanding of both motivations for hate speech as well as insights in how to prevent it. While overt hate speech is widely discussed, there is not much discussion on covert hate speech. This is especially so when it comes to covert hate speech in online contexts. The questions this thesis raises are how hate speech operates online, and how we can understand this in terms of hate speech being overt or covert. By introducing two different ways of understanding overt and covert, via slurs and dog-whistles respectively, this thesis shows that covert hate speech also has some harmful consequences. If ambiguous terms laced with negative attitudes as communicative content seeps into the mainstream, there is a risk of normalisation of these negative attitudes. Given the ambiguity of these terms or statements, it makes it difficult to take proactive measures. With these results, I conclude that covert online hate speech is a vital part of understanding the mechanisms of hate speech overall.

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Brorson, Erik. "Classifying Hate Speech using Fine-tuned Language Models." Thesis, Uppsala universitet, Statistiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-352637.

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Given the explosion in the size of social media, the amount of hate speech is also growing. To efficiently combat this issue we need reliable and scalable machine learning models. Current solutions rely on crowdsourced datasets that are limited in size, or using training data from self-identified hateful communities, that lacks specificity. In this thesis we introduce a novel semi-supervised modelling strategy. It is first trained on the freely available data from the hateful communities and then fine-tuned to classify hateful tweets from crowdsourced annotated datasets. We show that our model reach state of the art performance with minimal hyper-parameter tuning.

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25

Nalamothu, Abhishek. "Abusive and Hate Speech Tweets Detection with Text Generation." Wright State University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=wright1567510940365305.

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26

Krzeminska-Vamvaka, Joanna. "Freedom of commercial speech in Europe." Hamburg Kovač, 2008. http://d-nb.info/989433943/04.

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27

Lepoutre, Maxime Charles. "Democratic speech in divided times." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/283602.

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Democratic theorists have influentially argued that inclusive deliberation, where citizens voice their concerns and exchange justifications, is crucial to democracy. However, this deliberative ideal has come under sustained attack for being excessively utopian. As a result, to make this ideal more relevant and action-guiding, the present thesis investigates what norms should govern deliberation in political settings marked by severe social divisions. After motivating this project (Chapter 1), I defend the following account of deliberation. Although the requirement that deliberators appeal to shared reasons is morally attractive, even the weakest variant of this norm risks excluding too many considerations from the public deliberation of divided societies. To offset these exclusionary tendencies, I argue that public deliberation should give a greater role to emotionally-charged forms of speech, such as narrative (Chapter 2). Now, this last suggestion might seem overly inclusive, by opening the door for intensely angry narratives and for narratives expressing degrading or disrespectful views. In response to this 'overinclusiveness' concern, I argue 1) that degrading or disrespectful public speech is best countered through state-backed counterspeech, rather than through coercive legal norms that forcibly eliminate it from public discourse (Chapter 3) and 2) that narratives expressing anger in fact have a crucial epistemic role to play in divided societies, by enhancing our understanding of persisting injustices (Chapter 4). The final two chapters address a pressing worry: that the deliberative norms I advance demand too much of actual citizens. One might think that if citizens distrust each other and are highly ignorant about politics, they will be unable to deliberate fruitfully. But these problems are not decisive against my account. Chapter 5 investigates how the kind of public dialogue I defend offers important resources for rebuilding trust and goodwill in divided societies. As for political ignorance, Chapter 6 demonstrates that it is equally problematic for other political systems, democratic and non-democratic. Since this ignorance threatens all accounts, the solution is not to abandon inclusive deliberation, but rather to tackle political ignorance itself.

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Mozafari, Marzieh. "Hate speech and offensive language detection using transfer learning approaches." Electronic Thesis or Diss., Institut polytechnique de Paris, 2021. http://www.theses.fr/2021IPPAS007.

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Une des promesses des plateformes de réseaux sociaux (comme Twitter et Facebook) est de fournir un endroit sûr pour que les utilisateurs puissent partager leurs opinions et des informations. Cependant, l’augmentation des comportements abusifs, comme le harcèlement en ligne ou la présence de discours de haine, est bien réelle. Dans cette thèse, nous nous concentrons sur le discours de haine, l'un des phénomènes les plus préoccupants concernant les réseaux sociaux.Compte tenu de sa forte progression et de ses graves effets négatifs, les institutions, les plateformes de réseaux sociaux et les chercheurs ont tenté de réagir le plus rapidement possible. Les progrès récents des algorithmes de traitement automatique du langage naturel (NLP) et d'apprentissage automatique (ML) peuvent être adaptés pour développer des méthodes automatiques de détection des discours de haine dans ce domaine.Le but de cette thèse est d'étudier le problème du discours de haine et de la détection des propos injurieux dans les réseaux sociaux. Nous proposons différentes approches dans lesquelles nous adaptons des modèles avancés d'apprentissage par transfert (TL) et des techniques de NLP pour détecter automatiquement les discours de haine et les contenus injurieux, de manière monolingue et multilingue.La première contribution concerne uniquement la langue anglaise. Tout d'abord, nous analysons le contenu textuel généré par les utilisateurs en introduisant un nouveau cadre capable de catégoriser le contenu en termes de similarité basée sur différentes caractéristiques. En outre, en utilisant l'API Perspective de Google, nous mesurons et analysons la « toxicité » du contenu. Ensuite, nous proposons une approche TL pour l'identification des discours de haine en utilisant une combinaison du modèle non supervisé pré-entraîné BERT (Bidirectional Encoder Representations from Transformers) et de nouvelles stratégies supervisées de réglage fin. Enfin, nous étudions l'effet du biais involontaire dans notre modèle pré-entraîné BERT et proposons un nouveau mécanisme de généralisation dans les données d'entraînement en repondérant les échantillons puis en changeant les stratégies de réglage fin en termes de fonction de perte pour atténuer le biais racial propagé par le modèle. Pour évaluer les modèles proposés, nous utilisons deux datasets publics provenant de Twitter.Dans la deuxième contribution, nous considérons un cadre multilingue où nous nous concentrons sur les langues à faibles ressources dans lesquelles il n'y a pas ou peu de données annotées disponibles. Tout d'abord, nous présentons le premier corpus de langage injurieux en persan, composé de 6 000 messages de micro-blogs provenant de Twitter, afin d'étudier la détection du langage injurieux. Après avoir annoté le corpus, nous réalisons étudions les performances des modèles de langages pré-entraînés monolingues et multilingues basés sur des transformeurs (par exemple, ParsBERT, mBERT, XLM-R) dans la tâche en aval. De plus, nous proposons un modèle d'ensemble pour améliorer la performance de notre modèle. Enfin, nous étendons notre étude à un problème d'apprentissage multilingue de type " few-shot ", où nous disposons de quelques données annotées dans la langue cible, et nous adaptons une approche basée sur le méta-apprentissage pour traiter l'identification des discours de haine et du langage injurieux dans les langues à faibles ressources
The great promise of social media platforms (e.g., Twitter and Facebook) is to provide a safe place for users to communicate their opinions and share information. However, concerns are growing that they enable abusive behaviors, e.g., threatening or harassing other users, cyberbullying, hate speech, racial and sexual discrimination, as well. In this thesis, we focus on hate speech as one of the most concerning phenomenon in online social media.Given the high progression of online hate speech and its severe negative effects, institutions, social media platforms, and researchers have been trying to react as quickly as possible. The recent advancements in Natural Language Processing (NLP) and Machine Learning (ML) algorithms can be adapted to develop automatic methods for hate speech detection in this area.The aim of this thesis is to investigate the problem of hate speech and offensive language detection in social media, where we define hate speech as any communication criticizing a person or a group based on some characteristics, e.g., gender, sexual orientation, nationality, religion, race. We propose different approaches in which we adapt advanced Transfer Learning (TL) models and NLP techniques to detect hate speech and offensive content automatically, in a monolingual and multilingual fashion.In the first contribution, we only focus on English language. Firstly, we analyze user-generated textual content to gain a brief insight into the type of content by introducing a new framework being able to categorize contents in terms of topical similarity based on different features. Furthermore, using the Perspective API from Google, we measure and analyze the toxicity of the content. Secondly, we propose a TL approach for identification of hate speech by employing a combination of the unsupervised pre-trained model BERT (Bidirectional Encoder Representations from Transformers) and new supervised fine-tuning strategies. Finally, we investigate the effect of unintended bias in our pre-trained BERT based model and propose a new generalization mechanism in training data by reweighting samples and then changing the fine-tuning strategies in terms of the loss function to mitigate the racial bias propagated through the model. To evaluate the proposed models, we use two publicly available datasets from Twitter.In the second contribution, we consider a multilingual setting where we focus on low-resource languages in which there is no or few labeled data available. First, we present the first corpus of Persian offensive language consisting of 6k micro blog posts from Twitter to deal with offensive language detection in Persian as a low-resource language in this domain. After annotating the corpus, we perform extensive experiments to investigate the performance of transformer-based monolingual and multilingual pre-trained language models (e.g., ParsBERT, mBERT, XLM-R) in the downstream task. Furthermore, we propose an ensemble model to boost the performance of our model. Then, we expand our study into a cross-lingual few-shot learning problem, where we have a few labeled data in target language, and adapt a meta-learning based approach to address identification of hate speech and offensive language in low-resource languages

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29

Gannon, Kathy. "2015 Zenger Award Acceptance Speech." School of Journalism, University of Arizona (Tucson, AZ), 2015. http://hdl.handle.net/10150/583005.

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Steiger, Paul. "2014 Zenger Award Acceptance Speech." School of Journalism, University of Arizona (Tucson, AZ), 2014. http://hdl.handle.net/10150/583006.

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31

Moles, Velázquez Andrés. "Autonomy, freedom of speech and mental contamination." Thesis, University of Warwick, 2007. http://wrap.warwick.ac.uk/2422/.

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The aim of the thesis is to rebut the dominant autonomy-based defence of hate speech within a liberal framework. The thesis argues that liberal egalitarianism is compatible with certain restrictions on free speech. I defend the view that liberal ideals such as equality and autonomy are, contrary to the arguments of many liberals, better achieved by imposing certain restrictions on what citizens are allowed to express. I examine the problem of freedom of expression in the context. of the public/private distinction. In particular, I explore the Rawlsian conception of this distinction, which is based on the idea that principles of justice apply only to the 'basic structure of society'. Citizens are required by justice to treat all others as free and equal citizens, but this seems to hold only when citizens deliberate about 'constitutional essentials and matters of basic justice'. In their private lives and other social contexts citizens are free to treat other people without equal respect and concern, provided that basic rights are not violated. This position is criticised by calling attention to recent developments in Social and Cognitive Psychology. Evidence suggests that much of our behaviour is triggered by features ofÃ?Â· the environment that bypass individuals' rational control: this includes social stereotypes, non-instrumental behaviour, and goal-oriented activity among others. I develop these ideas into a discussion of free speech and autonomy. I argue that autonomy defences of free speech need to assess how the environment directly affects rational processes. Moreover, I argue, given the structure of human cognition, there is no guarantee that attitudes and actions cultivated in the private sphere will not 'spillover' into the public sphere. For this reason, I suggest, political morality must also extend to the justice of our private practices. To the extent that autonomy and justice matter, I argue that we have reasons to limit the expression of certain views, in particular those which trigger processes that bypass rational control. Finally, despite the importance I attribute to the concept of autonomy, I reject the claim that my position endorses a form of liberal perfectionism. I do so by defending a conception of full publicity and demonstrating that the view I articulate is compatible with rejecting perfectionism.

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32

Mwilu, Lwanga Racheal. "Framing the foreigner : a close reading of readers' comments on Thought leader blogs on xenophobia published between May and June, 2008." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002927.

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This study was conducted to identify and analyse Mail and Guardian Online moderation outputs which contradicted the platform‟s own stated policy on hate speech and other forms of problematic speech. The moderation outputs considered were a battery of readers‟ comments that were posted in response to Thought Leader blogs on xenophobia published between May and June, 2008. This was the same period a series of xenophobic attacks was taking place in some parts of South Africa, leaving an estimated 62 people dead, more than 30,000 displaced, and countless victims injured and robbed of their property. The attacks were a catalytic moment that enabled a whole range of discursive positions to be articulated, defended, contested and given form in the media. They also made visible the potential tensions between free speech on the one hand, and hate and other problematic speech on the other. Using qualitative methods of thematic content analysis, document review, individual interviews, and an eclectic approach of framing analysis and rhetorical argumentation, this study found instances of divergence between the M&G policy and practice on User Generated Content. It found that some moderator-approved content advocated hate, hatred, hostility, incitement to violence and/or harm, and unfair discrimination against foreign residents, contrary to the M&G policy which is informed by the constitutional provisions in both section 16 of the Bill of Rights and section 10 of the Equality Act. Based on examples in the readers‟ comments of how „the foreigner‟ was made to signify unemployment, poverty, disease, unfair competition, and all manner of deprivation, and bearing in mind how such individuals have also become a site for the violent convergence of different unresolved tensions in the country, the study‟s findings argue that the M&G – a progressive paper dealing with a potentially xenophobic readership (at least a portion of it) – should have implemented its policy on acceptable speech more effectively. The study also argues that the unjustifiable reference to foreigners as makwerekwere, illegals, illegal aliens, parasites, invaders and border jumpers, among other terms, assigned them a diminished place – that of unwanted foreigner – thereby reproducing the order of discourse that utilises nationality as a space for the expurgation of the „other‟. The study argues that the use of bogus (inflated) immigration statistics and repeated reference to the foreigners‟ supposedly parasitic relationship to the country‟s resources also unfairly constructed them as the „threatening other‟ and potentially justified action against them.

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33

Asquith, Nicole. "Race riots on the beach: A case for criminalising hate speech?" British Society of Criminology, 2008. http://hdl.handle.net/10454/3896.

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no
This paper analyses the verbal and textual hostility employed by rioters, politicians and the media in Sydney (Australia) in December 2005 in the battle over Sutherland Shire¿s Cronulla Beach. By better understanding the linguistic conventions underlying all forms of maledictive hate, we are better able to address the false antimonies between free speech and the regulation of speech. It is also argued that understanding the harms of hate speech provides us with the tools necessary to create a more responsive framework for criminalising some forms of hate speech as a preliminary process in reducing or eliminating hate violence.

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34

Arnott, Craig Geoffrey. "Towards democratic discourse : critically reinterpreting a right to free speech with reference to the issue of 'hate speech'." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.321635.

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35

Boughey, Thomas John George. "The binding roots of free speech." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1006255.

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This thesis argues that the modern notion of free-speech was born within the Westphalian nation-state. It suggests that the legal rights framework - particular to the Westphalian nationstate - not only legitimizes and legalizes the right to free-speech, but also enables us to invoke legally the necessary limitations that demand the limitation of free-speech in certain contexts. However, such a legal-rights framework is exclusive to the nation-state and cannot be enforced on an international level, outside of the nation-state boundary. With reference to examples on an international level, this thesis demonstrates that calls for the limitation of free-speech are indeed legitimate and necessary but cannot be enforced on an international level for the reasons just mentioned. In order to address this problem, this thesis proposes a framework - based on a Kantian model - that enables us to invoke the limitation of free-speech on an international level without appealing to a legal-rights discourse to do so.

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36

McCarthy, Jane. "Speech and silence : freedom of speech and processes of censorship in early imperial Rome." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/speech-and-silence(b7bc7793-2d50-4deb-a283-4ecb304962a5).html.

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This thesis is concerned with freedom of speech in early imperial Rome. The creation of the principate meant that the emperor held absolute power based on military force, but there is no comprehensive survey of how this affected freedom of speech. This study therefore examines relevant primary sources, approaching the question through three areas - controls imposed by the emperor through law and force mqjeure, self-censorship and peer pressure among the elite, and popular political protest. Most of the evidence presented is literary, reflecting the interests and concerns of the elite authors and their intended audience, though where relevant reference is made to inscriptions, graffiti and dipinti. The thesis considers the hierarchical, status-conscious nature of Roman society, arguing that concern for social standing affects all communication. Although there are incidents of control imposed by the emperor or his representatives, peer-to-peer pressure has a greater impact upon freedom of speech. Communication is affected by the status of the speaker, the audience and the occasion. The distinctions between "public" and "private" speech differed significantly from modern conceptions. This means that protocols arose for dealing with potentially offensive subjects - insult, criticism and obscenity - so that offence was minimised and social relations could continue harmoniously. This argument is developed by an exploration of political communication between senate and emperor, especially the importance of the differing relationships between the emperor and individual senators. The study concludes by exploring informal and popular protest at Rome, through gossip, demonstrations at ludi and munera, and through graffiti and pamphleteering. Even here, concerns for status and personal relationships with the emperor explain the forms protests take. This study aims to extend existing work and re-examine assumptions commonly made about freedom of speech, or its lack, in early imperial Rome.

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37

Nyman, Hanna, and Annastasiya Provozin. "The Harmful Effects of Online and Offline Anti LGBTI Hate Speech." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-89336.

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Lesbian, gay, bisexual, transgender and intersex people (LGBTI) are discriminated and subjected to violence in societies across the world, and ensuring their rights is on the international agenda. On a European level, nationalism, state-led persecution and rhetoric of hate have slowed down the process of ensuring human rights for LGBTI people particularly in Eastern Europe, where they are subject to violence, discrimination and hostility. One type of hostility targeting LGBTI people is hate speech. As literature has shown, hate speech can have harmful effects on its targets. Additionally, with the increased accessibility and use of the Internet and social media networks, hate speech has become more widespread and new challenges have appeared. Our research objective has addressed the gap identified by Brown (2018); to contribute to the research on hate speech and its harmful effects in general, comparing the effects of online and offline hate speech in particular. Additionally, by comparing the findings from Moldova and Ukraine, we have investigated if the context in which the hate speech is produced has any effect on the harmful effects experienced by targets. The research was conducted using a mixed method with a parallel convergent design, giving equal priority to qualitative and quantitative data. Data collection took place in Moldova (Chisinau) and in Ukraine (Kyiv) during Pride in the respective countries. Due to the nature of this research, results are not representative, and conclusions drawn can neither be applied to the entire LGBTI community in Moldova nor in Ukraine. Conclusions can, however, provide interesting insights for further research. Constitutive and consequential harms from online and offline hate speech are experienced by the LGBTI activists and community in both countries. In terms of constitutive harms, LGBTI community have suffered from harms like negative impact on self-esteem, silencing, psychological distress and restrictions on freedom of movement and association. Experienced consequential harms were negative stereotyping, physical violence and normalization of discrimination. Further, this research indicated that there is a difference in terms of harms caused by online and offline hate speech when it comes to the constitutive harms, as the harms from offline hate speech seemed to be experienced to a larger extent. Comparing results from Moldova and Ukraine, it can be concluded that the content of hate speech and harmful effects of hate speech are experienced differently depending on the context in which hate speech was produced. In general, hate speech in Ukraine seemed to be more violent and aggressive while in Moldova it was more related to the structural violence.

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38

Asquith, Nicole. "Speech Act Theory, Maledictive Force and the Adjudication of Vilification in Australia." Network Books, 2007. http://hdl.handle.net/10454/3897.

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39

Fuentes, Graciela. "Institutional responses to hate speech on campus under philosophical and constitutional analysis." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0014/NQ28340.pdf.

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40

Zimmer, Anja. "Hate speech im Völkerrecht : rassendiskriminierende Äußerungen im Spannungsfeld zwischen Rassendiskriminierungsverbot und Meinungsfreiheit /." Frankfurt am Main [u.a.] : Lang, 2001. http://www.gbv.de/dms/spk/sbb/recht/toc/334158486.pdf.

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41

Azriel, Joshua N. "Internet hate speech in the United States and Canada a legal comparison /." [Gainesville, Fla.] : University of Florida, 2006. http://purl.fcla.edu/fcla/etd/UFE0013646.

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42

Asquith, Nicole. "The Harms of Verbal and Textual Hatred." Praeger, 2009. http://hdl.handle.net/10454/3894.

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Traditional Millian theory posits that free speech is the most important mechanism to achieve a greater tolerance of difference and thus create a dynamic marketplace for truth to flourish. In responding to maledictive hate, theorists such as Gelber (2002) and Butler (1997) have recommended that marginalized speech actors engage with a process of speaking back, of returning the gaze to make perpetrators¿ contributions to the marketplace of ideas marginal and aberrant. However, as will be demonstrated by an analysis of maledictive force and effects, the ideal speech situations of communicative action theory, and the recasting of terms of abuse by ¿speaking back¿, require both rational speech actors ¿something clearly absent in many acts of maledictive hate¿and an institutional validation of the authenticity of marginalized subjects and their speech. Constructing new truths in the marketplace of ideas is both socially and politically contingent. As such, the capacity for marginalized subjects to contribute to the marketplace rests on their ability to be able to speak with authority and to be authorized to speak.

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43

Easter, Michele Martha Perrin Andrew J. "Freedom in speech freedom and liberty in U.S. presidential campaign discourse, 1952-2004 /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2006. http://dc.lib.unc.edu/u?/etd,634.

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Thesis (M.A.)--University of North Carolina at Chapel Hill, 2006.
Title from electronic title page (viewed Oct. 10, 2007). "... in partial fulfillment of the requirements for the degree of Master in the Department of Sociology." Discipline: Sociology; Department/School: Sociology.

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44

Jansson, Ann. "Yttrandefrihetens gränser : En prövning utifrån tre fall och tre teoretiker." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-43807.

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Freedom of speech has been a well discussed subject. Great philosophers and theoretics like Plato, Voltaire, Locke and Mill have again and again showed the importance of freedom of speech. Since the world have become bystanders to a series of events that can only classify as crimes aganst freedom of speech, it has become more important to study the phenomenon and analyse it. By finding cases where the freedom of speech has been compromised and analyse them in frames of three different theories, the argument of truth, the argument of democracy and the argument of tolerance, this paper makes the boundaries of freedom of speech a little clearer, and also makes a discussion about how reasonable the boundaries are possible. Everything according to the three theories.

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Catovic, Emir. "A right to hate : A comparative study on the approach to hate speech in the United States and Sweden." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-43417.

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46

Steel, John. "Free speech and praxis : philosophical justifications of freedom of speech and their application during the nineteenth century." Thesis, University of Sheffield, 2002. http://etheses.whiterose.ac.uk/14474/.

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The main aim of this thesis is to analyse and explore the philosophical justifications for freedom of speech during the nineteenth century and their application as political praxis. In this work, specific types of free speech argument are identified and examined in the light of the ideological stance of those who sought to argue for freedom of speech, primarily from key ideological perspectives of the nineteenth century, utilitarianism, liberalism and socialism. Initially three types of free speech argument are identified: the accountability argument, the liberty argument and the truth argument. However, on an inspection of socialist arguments for freedom of speech, the author suggests that a fourth sufficiently distinct type of free speech argument is present, particularly within the more mature works of socialist radicals and agitators. Though the arguments for freedom of speech overlap within different ideological and historical contexts, a case is made for a relatively distinct type of free speech argument within the socialist political praxis of free speech. Furthermore, in examining key political and philosophical texts, and an analysis of the free speech arguments in nineteenth century political pamphlets and newspapers, the argument is made that in order to gain a thorough understanding of political history and philosophy a holistic approach should be adopted, one which looks at ideas, context, history, artefact, and political praxis.

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Miles, Jonathan K. "A Perfectionist Defense of Free Speech." Bowling Green State University / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1256913861.

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SILVA, PRISCILLA REGINA DA. "THE SACRED BOUNDARIES OF LIBERTY: AN ANALYSIS ON THE HATE SPEECH AGAINST RELIGION." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2017. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=32568@1.

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Abstract:

PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO
COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
A Liberdade de Expressão é um direito essencial e amplamente reconhecido em uma sociedade democrática. Entretanto, o consenso sobre os limites da estimada liberdade está longe de ser alcançado, principalmente no que tange a ofensa religiosa, por envolver crenças e valores tidos como sagrados. A partir da constatação de que o estabelecimento de limites precisos para a ofensa religiosa é uma questão especialmente delicada em países cuja população é muito religiosa - como é o caso do Brasil -, ressalta-se a importância do presente trabalho. O primeiro desafio é explorar questões que rondam a própria conceituação do discurso de ódio: estaria uma ofensa relacionada à crença, e não propriamente à pessoa ou grupo de pessoas, apta a afetar a dignidade dos ofendidos? A quem cabe decidir quais casos serão ou não acobertados pelo direito à livre expressão? A partir da análise de doutrina e jurisprudência estrangeira, este trabalho propõe, principalmente, que decisões judiciais envolvendo discursos de ódio devem ser orientadas por critérios específicos que possam auxiliar o magistrado no procedimento decisório. Por isso, é essencial refletir sobre a importância dos standards internacionais e sua possível aplicação no sistema brasileiro.
Freedom of Expression is an essential right, widely recognized in a democratic society. However, there is no consensus on the limits of the esteemed freedom, especially in regard to religious offense, because it involves beliefs and values regarded as sacred. Based on the fact that the establishment of precise limits for religious offense is an especially delicate issue in countries with a very religious population - as is the case of Brazil -, the importance of this Thesis is emphasized. The first challenge is to explore issues that involve the conceptualization of hate speech: would it be an offense related to belief, and not to the person or group of people, capable of affecting the dignity of the offended? Who should decide which cases will be covered by the freedom of speech? From the analysis of foreign doctrine and jurisprudence, this Master s Thesis proposes, mainly, that judicial decisions involving hate speech should be guided by specific criteria that may assist the magistrate in the decision making process. Therefore, it is essential to reflect on the importance of international standards and their possible application in the Brazilian system.

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Asquith, Nicole L. "Text and context of malediction a study of antisemitic and heterosexist hate violence in New South Wales 1995-2000 /." Connect to this title online, 2004. http://eprints.unimelb.edu.au/archive/00001424/.

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50

Wesley, Donald C. "Hazardous freedom| A cultural history of student freedom of speech in the public schools." Thesis, State University of New York at Buffalo, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3726022.

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In public schools, student expression commonly calls for the attention of school staff in one form or another. Educators have a practical interest in understanding the boundaries of student freedom of speech rights and are often directed to the four student speech cases decided to date by the Supreme Court (Tinker v Des Moines (1969), Bethel v Fraser (1986), Hazelwood v Kuhlmeier (1988), and Morse v Frederick (2007)). Sources about these cases abound, but most focus on legal reform issues such as the political arguments of opposing preferences for more student freedom or more school district control or the lack of clear guidance for handling violations

I propose an alternative approach to understanding the Supreme Court’s student speech jurisprudence focusing not on its correctness but on cultural influences which have worked and continue to work on the Court both from without and within. This approach may lead to a new understanding of Court decisions as legally binding on educators and an appreciation of the necessary rhetorical artistry of the Justices who write them. Not intended in any way as an apologetic of the Court’s decisions on student speech, this study is based particularly on the work of Strauber (1987), Kahn (1999) and Mautner (2011). It takes the form of a cultural history going back to the Fourteenth Amendment’s influence on individual rights from its ratification in 1868 to its application in Tinker in 1969 and beyond.

Seen as cultural process which begins with the Amendment’s initial almost complete ineffectiveness in restricting state abridgment of fundamental rights including speech to its eventual arrival, fully empowered, at the schoolhouse gate, this study attempts to make student speech rights more accessible to educators and others. The tensions between the popular culture which espouses the will of the people and the internal legal culture of the Court itself and its most outspoken and articulate Justices resolve into decisions which become the law of the land, at least for the moment. The study also offers implications for administrators together with suggestions on how to stay current with free speech case law applicable to the schools.

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Dissertations / Theses on the topic 'Hate speech Freedom of speech'

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